Majority
p. 859The People of the State of New York, Respondent, v. Jacob J. Schlund, Appellant. Argued January 24, 1946; decided April 18, 1946.
p. 860
Robert E. Noonan and William J. Darch for appellant.
Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Orrin G. Judd and Charles F. Steele of counsel), for respondent.
Judgments reversed and information dismissed upon the ground that the evidence does not establish the appellant’s guilt beyond a reasonable doubt. We pass upon no other question. No opinion.
Concur: Lottghban, Ch. J., Conway, Thacheb and Dye, JJ. Dissent: Lewis and Desmond, JJ. Medalie, J., deceased.